Give us a (Loo)
break!
Better welfare facilities - guidance for union
representatives
Health and Safety
March 2010
The need for better welfare facilities
For too long many workers have had to put up with either no
toilet facilities, or very poor ones. At the same time we
hear a growing number of horror stories of workers having
to ask permission to go to the toilet or being docked pay
for going. Toilet breaks are not a luxury, but a basic
need, and the provision of toilets is a legal requirement.
That is why the TUC is calling for:
 The enforcement of the welfare laws covering the
provision of toilet and washing facilities for men and
women workers.
 A change in the law to give workers a specific right to
go the toilet whenever they need and without detriment.
The problem
Many employers believe that loo breaks should happen in a
workers’ own time. They plan work which takes no account
of toilet breaks or develop a work culture where use of the
toilet whenever it is required is frowned on. Access to
toilet facilities is a growing health problem for workers
in a wide range of workplaces and occupations.
For some workers having a toilet break during a work shift
hits them in the pocket as it means employers dock their
wages for time spent in the toilet. Other workers have to
ask to use the toilet or indicate a need to go by raising
their hand and wait for permission from a supervisor, who
may not be around at the time.
There has also been a reduction in toilet facilities in
some sectors. For instance in further and higher education,
many employers have removed separate toilet provision for
staff and students meaning that teaching and support staff
are increasingly being asked to share facilities with
students as young as 14 years old.
However for other workers there are no toilet facilities
provided or they are closed at certain times, such as at
night. Often those facilities that are provided are totally
inadequate, with inadequate cleaning, no paper or soap
provided or broken locks so there is no privacy.
This is humiliating, takes away a worker’s dignity at work
and is against the spirit of the health and safety
legislation relating to access to toilet and washing
facilities.
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It’s a health issue
Not being able to go when you need to can cause a range of
health problems, including digestive and urinary tract
problems and kidney infections which can develop into more
serious health conditions. Also people on certain
medications may need to visit the toilet on a more frequent
basis and working in the cold (for example on construction
sites or in food cold stores) may also increase the need to
use the toilet. Women may need to urinate more frequently
when menstruating, when pregnant and during the menopause,
while prostate problems in men may mean they may need to
urinate more frequently. Groups like call centre workers
being often encouraged to regularly drink water to help
reduce voice strain, yet they are often discouraged from
using toilets frequently.
Lack of toilet facilities can also have safety
implications. For example, driving with a full bladder and
working to tight delivery schedules could mean loss of
concentration and added stress, which in turn may put the
worker, and others, at risk on the road. It is also a
public health issue. Personal hygiene plays a major role in
preventing the spread of disease and the health of workers,
and their families, is being put at risk as a result of
employers’ unwillingness to comply with basic health and
safety law.
What the law says
Under the Health and Safety at Work etc Act l974 employers
must ensure the health, safety and welfare at work of all
their employees, and maintain the workplace so that it is
safe and without risks to health. They must also provide
adequate facilities and arrangements for welfare at work.
In addition the Workplace (Health, Safety and Welfare)
Regulations 1992 require employers to
 Provide suitable and sufficient sanitary conveniences and
washing facilities at readily accessible places. The
Approved Code of Practice states that minimum numbers
should be provided depending on the size of the workforce
 Keep them clean, adequately ventilated and lit
 Provide hot and cold or warm water in washing facilities,
soap and clean towels or other methods of cleaning or
drying
 Provide showers if required
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 Provide separate facilities for men and women unless each
facility is in a separate room with a lockable door and
is for use by only one person at a time
The Education (Schools Premises) Regulations 1999, which
apply to primary and secondary schools, require separate
washrooms (including sanitary facilities) to be provided
for the use of staff and students.
Disability and sex discrimination legislation may apply,
depending on the circumstances.
The need for more action and better protection.
The TUC is running a campaign which is calling for action
from the Health and Safety Executive and other enforcers to
ensure that employers comply with health and safety laws
relating to welfare at work, particularly toilet provision
and access. In recent years the HSE have taken enforcement
action against a number of construction employers for
failing to provide basic welfare provision, and this had
led to a considerable improvement in the number of sites
with toilet facilities.
We want to see basic workplace hygiene standards, including
access to clean washing facilities, in every workplace to
prevent the risk of other health related problems such as
the spreading of germs and bacteria, which in turn could
increase sickness absence among the workforce. We also want
those without a fixed indoor workplace to have access to
welfare facilities.
There is also a need for a specific legal right to use
toilets in the employer’s time without a deduction in pay,
and without any harassment.
The TUC wants to see recognition that a worker’s right to
use the toilet is a human right!
Welfare provision and toilet breaks – what a union
representative can do
Union representatives can use the existing law to ensure
that everyone has a right to proper access to toilet and
welfare facilities. They can:
 Ensure that toilet and washing facilities are included in
any inspections.
 Survey members to find out if they are satisfied with the
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washing and toilet provisions.
 Encourage members to report all problems about workplace
welfare facilities including hygiene, access and breaks.
 If members report that they have to ask for permission to
go to the toilet then seek to negotiate a toilet breaks
policy to ensure that workers’ health is not put at risk.
 Ensure that your agreements provide for paid rest breaks,
paid toilet breaks, provision of welfare facilities and
easy access to them.
 If the employer refuses to provide the minimum
requirements speak to your union about making a complaint
to the enforcing authority.
It is an issue for everyone.
Everyone has an equal right to protection from harm at
work. The TUC Gender and Occupational Safety and Health
Working Group (G&OSH) has produced a Gender and
Occupational Safety and Health “gender sensitivity”
checklist to help union safety reps and others to check
whether their workplace health and safety policies and
practices are gender sensitive. This includes welfare
provision. The Checklist can be found, with advice on how
to use it, on the G&OSH pages on the TUC website.
www.tuc.org.uk
Health and safety information about welfare facilities
requirements is at http://www.hse.gov.uk/pubns/indg293.pdf
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